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G*** and I have sent you my story and my bank details and I…

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Pearl my name is...

Pearl my name is ***** ******** and I have sent you my story and my bank details and I am told that my expert is waiting but I don't know how to get in contact.

Lawyer's Assistant: What state/territory is this in? It matters because laws vary by location.

Hi my daughter has been on single parents benefit for ten years and this year wants to return to study. I have given her two properties one to live in and one to rent out for some income. She was told at the end of last year that she would be eligible for study benefit because one of the properties is considered primary industry but now she is moving from vic to nsw and her study allowance has been cut off because her assets are now too high because rules have changed. If I put one of the properties in a trust for her children will that alter her assessable assets? Angela Gibbs

Lawyer's Assistant: What steps has your daughter taken so far?

None. She is too stunned and thinks there is nothing she can do. Is she assessed under viv rules because that is where she has lived until February when she moved to nsw?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. Last time we got this far and I got a message that my lawyer was waiting but I couldn't figure out how to communicate with her. What do I do?

Submitted: 4 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/20/2018
Solicitor: Leon, Solicitor replied 4 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,720
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Solicitor: Leon, Solicitor replied 4 months ago

Good Evening

When you say you have given them to her, did you transfer them and she has them in her name?

If that is the case the assets and income test will impact on her ability to be funded.

If they are in trust and she is a beneficiary that too will affect her.

The rules are the same australia wide as centrelink is a national body not state.

By not living in one of the houses they are both assets and earning an income if she rents them both out.

To transfer them now, she will be liable for Capital Gains tax and also if she does not receive any money all benefits will not be available for 5 years.

There is very little that can be done.

If she wants to study she has to now apply for HELP Here is the link for that

http://studyassist.gov.au/sites/studyassist/helppayingmyfees/fee-help

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Customer reply replied 4 months ago
She has owned one property for 6 years and the other for two with no effect on her single parents' benefit. I am puzzled that it has suddenly changed. Is it because she has changed the type of benefit (from single parent to Austudy) or is it because she has moved from vic to nsw?
Solicitor: Leon, Solicitor replied 4 months ago

Good Morning

Once she stopped living in one of them it increased the value of her assets.

The principal place of residence is not taken into account for the benefit.

But not living in them both increases the value of her assets.

It is because of the move. It has caused her to have 2 properties which are deemed as investments because she is no longer living in one of them.

it is changing one of the assets from her home to an investment that has caused this problem.

I hope this makes sense and is of assistance.

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